My friend is a permanent resident here he was put on probation for aggravated assault 6months ago and didnt comply to the court ordered classes so they picked him up yesterday morning and right away immigratio put a hold on him so my question is if we can convince the judge to reinstate his probation since he hasnt been convicted would immigration have to release the hold on him
State/Country relating to question: Arizona
Nothing yet this is,my first idea
Is the first time that your friend has had a ICE hold for any reason?
Yes he has no priors just this one since he didnt comply with the prob they picked him up and picked up the original old charges
Thank you for your response. Unfortunately, even if the judge reinstated your friend's probation, ICE may not and it is not required to release its hold because any plea of guilty even with probation can still be considered a conviction for immigration purposes.
Please be advised that "helped a little" provides me a negative rating although the information is accurate and truthful. It would probably be to your friend's advantage to retain an immigration attorney as his earliest opportunity to represent him in deportation/removal proceedings.
even if the probation is more of a if you complete this classes it wont go on your record meaning his record is clean?
The question is whether there was an admission of guilt to the charge so if the person admitted guilt, the incident would still considered a conviction for immigration purposes even if the person 's record is clean. Immigration convictions and criminal convictions are not necessarily the same.
Knowledgeable and Experienced Immigration Lawyer
What if he can get charges reduced to misdemeanor
Possibly, but it would depend on whether the court would allow your friend to vacate his previous plea of guilty. The best course of action would probably be to have an immigration attorney in your area review the court procedures and the specific state charges because the charge whether it is a felony or misdemeaanor may still be a deportatble offense.
I found out more of what happened I had a video chat visitation with him and he told me that his ex got jealous of his new girlfriend and since he never changed his Facebook password XXX hacked into it and sent her self a message from his Facebook then called the cops and said he contacted me violating his protection order and his probation so the police went early morning woke him up and arrested him...she framed him so how can he prove that and can his case and probation get dismissed because of what she did?
Although it would not change his admission of guilt to the original case, it is possible that the case can be dismissed and his probation reinstated but he will probably be best served by hiring a legal representative to assist with his case.
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